Commission says Pearl does not have to release chase policies year after 2 bystanders killed

The City of Pearl’s written policies on police chases are not public information, the Mississippi Ethics Commission has ruled.

The Clarion Ledger filed a Freedom of Information Act request for the city's policies on police chases more than a year ago following two Pearl police chases that resulted in the deaths of two bystanders.

Wicker Perlis, a former Clarion Ledger reporter, filed the FOIA request for the Clarion Ledger in August 2022 after a second bystander was killed during a chase initiated by Pearl police, who followed fleeing suspects across city lines, once into Jackson and once into Flowood, in less than a month, resulting in the two deaths.

Both victims were struck by vehicles driven by the fleeing suspects.

Mail carrier killed: Postal worker killed in crash in Jackson with vehicle fleeing Pearl police

The first incident occurred July 21, 2022, killing U.S. Postal Service Mail Carrier Brad Pennington, 32, after the mail truck he was driving in Jackson was struck by a suspect fleeing Pearl police.

That chase began when Pearl police attempted to pull over a man for speeding, according to a previous Clarion Ledger report. The man allegedly failed to pull over, and Pearl police chased him into Jackson until he crashed his Toyota Camry into Pennington's mail truck, killing Pennington.

Second person killed: Bystander killed in police chase that began in Pearl for second time in four weeks

Less than a month later, on Aug. 14, 2022, Steven Pearson, 47, was struck on his motorcycle after a Pearl police officer attempted to make a traffic stop and the silver sedan took off, according to a previous Clarion Ledger report. The officer pursued the vehicle into the neighboring city of Flowood, where police there joined the chase until it ended after the fleeing vehicle struck Pearson’s motorcycle, killing him.

Pearson’s family is suing the cities of Pearl and Flowood, according to the Associated Press.

Family sues: Family of bystander killed during police chase sues two Mississippi cities

The Clarion Ledger filed the FOIA request following the Aug. 14, 2022, incident that killed Pearson, asking the City of Pearl to provide “any city or police department policies regarding car chases and crossing jurisdictional lines when in pursuit of suspects” and “any correspondence, written or digital, between members of the city council or mayor's office and the police department regarding those policies, between the dates of July 21 and the time of receiving this request.”

The Pearl Police Department denied the records in a written response on Aug. 23, 2022, stating that the policies are exempt as “investigative reports” under the Public Records Act, and that there was no correspondence between city council members or the mayor’s office and the police department regarding the policies.

The Clarion Ledger appealed the denial to the Mississippi Ethics Commission, which filed a dismissal order on Sept. 8, more than a year later.

Order of Dismissal, R-22-044 by USA TODAY Network on Scribd

According to the Ethic’s Commission’s Sept. 8, 2023, order dismissing the Clarion Ledger’s request and ruling in favor of the City of Pearl denying the release of policies:

“Specifically, the city states: The Policy requested is a written procedure to be followed by officers when performing their jobs and disclosure would endanger the life or safety of a public official or law enforcement personnel as well as the public more generally. Put simply, public disclosure of law enforcement response policies would allow criminals the opportunity to pre-plan criminal activity in a manner that seeks to avoid capture.

“As to the second request for communication between the Mayor and Board, there is no communication between the Board and Mayor that exists to produce. Regardless of the serious doubts expressed, the City’s Information Technology Director performed a search for any such correspondence. … However, there simply is nothing to produce.

“Accordingly, the hearing officer requested that the city provide the Ethics Commission with a copy of its responsive policies for a confidential, private review as allowed by Section 25-61-13 of the Public Records Act.”

In conclusion, the Ethics Commission said the City of Pearl was within the bounds of the state’s Open Records law in withholding the written policies.

“Upon confidential review, the policies do disclose information that could endanger the life or safety of law enforcement personnel if disclosed, and/or reflect information that would prematurely release information that would impede the public body’s enforcement, investigation or detection efforts,” the Ethics Commission report states. “As such, the policies are investigative reports that are exempt from production under the (Freedom of Information) Act. No violation of the Act occurred when the city denied Mr. Perlis’ (former Clarion Ledger reporter who filed the FOIA request) public records request.”

Retired Mississippi Press Association Attorney Leonard Van Slyke, who is an expert on Mississippi’s freedom of information laws, said the ruling could have gone either way based on the law.

“They take the position this is endangering the personnel,” Van Slyke said after reviewing the order. “I frankly don't see that as to the policy. If it were going into techniques, then I think they would be in a much more sound position, but I don't see it with just general policy. And I, personally, I don't think that's what the law provides.”

The Ethics Commission also said no evidence exists to believe any correspondence was exchanged between city council members, the mayor or personnel to release.

“Additionally, based on the record before the Ethics Commission, no evidence was presented that there are any email communications responsive to Mr. Perlis’ request," the order states. "The city ‘has no obligation under the statute to provide documents that do not exist or to create documents to satisfy a public records request.’ Scruggs v. Caldwell, 970 So. 2d 1298, 1299 (Miss. App. 2007). The city has complied with its obligations under the Public Records Act, and this case should be dismissed.”

The order is dated Sept. 8, 2023, and stamped Tom Hood, executive director and chief counsel of the Mississippi Ethics Commission.

This article originally appeared on Mississippi Clarion Ledger: Release of Pearl MS police chase policies would endanger police, order says